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2. The description of the property (the “Property”) to which this Order applies is as follows (specify common description or street
address): 43277 SENTIERO DRIVE INDIO, CALIFORNIA 92203 (SEE ATTACHED LEGAL DESCRIPTION)
3. The Motion is denied: X without prejudice with prejudice on the following grounds:
X Based upon the findings and conclusions made on the record at the hearing
X Unexcused non-appearance by Movant
Lack of proper service
Lack of good cause shown for relief from stay
The automatic stay is no longer in effect under: 11 U.S.C. § 362(c)(2)(A) 11 U.S.C. § 362(c)(2)(B)
11 U.S.C. § 362(c)(3)(A) 11 U.S.C. § 362(c)(4)(A)
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
X Other (specify):
1. ONEWEST BANK [29], AND ONEWEST BANK AS AGENT FOR DEUTSCHE BANK [49] LACK
STANDING.
2. MOVANT’S DECLARATION LACKS CREDIBILITY, HAVING SIGNED BOTH AS AN EMPLOYEE OF
MOVANT AND AS AN AGENT FOR MERS.
4. X Movant may not file another motion for relief from the stay in this case absent a court order authorizing re-filing. TBD
###
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket.
A true and correct copy of the foregoing document described ORDER DENYING MOTION FOR RELIEF FROM
AUTOMATIC STAY ONEWEST BANK [29], AND ONEWEST BANK AS AGENT FOR DEUTSCHE BANK [49]
will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and
(b) in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) – Pursuant to controlling General
Order(s) and Local Bankruptcy Rule(s) (“LBR”), the foregoing document will be served by the court via NEF and hyperlink
to the document. On I checked the CM/ECF docket for this bankruptcy case or adversary
proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission
at the email address(es) indicated below:
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
On 12/10/2010 I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or
adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class,
postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a
declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
Honorable Thomas B. Donovan
Edward R. Roybal Federal Building and Courthouse
255 E. Temple Street, Suite 1352/Courtroom 1345
Los Angeles, CA 90012
Patricia J. Zimmermann
31566 Railroad Canyon Road
Suite 306
Canyon Lake, CA 92587
III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on I served the following
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by
facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on
the judge will be completed no later than 24 hours after the document is filed.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
Christopher J. Woo
Randall Miller & Associates
15165 Ventura Blvd. #330
Sherman Oaks, CA 91403
Bimini Capital
Formerly Known as Opteum Financial Services
3305 Flamingo Dr.
Vero Beach, FL 32963
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (ANEF@) B Pursuant to controlling General Order(s)
and Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and
hyperlink to the judgment or order. As of , the following person(s) are currently on the
Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email
address(es) indicated below.
II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by
United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated
below:
III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which
bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp
by U.S. Mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the
following person(s) and/or entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es)
indicated below:
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.
Christopher J. Woo
Randall Miller & Associates
15165 Ventura Blvd. #330
Sherman Oaks, CA 91403
Bimini Capital
Formerly Known as Opteum Financial Services
3305 Flamingo Dr.
Vero Beach, FL 32963
This form is mandatory by Order of the United States Bankruptcy Court for the Central District of California.